[Federal Register Volume 64, Number 212 (Wednesday, November 3, 1999)]
[Proposed Rules]
[Pages 59669-59670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28757]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 2

[Docket No. PRM-2-12]


Michael Stein; Receipt of Petition for Rulemaking

AGENCY: Nuclear Regulatory Commission.

ACTION: Petition for rulemaking; Notice of receipt.

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SUMMARY: The Nuclear Regulatory Commission (NRC) has received and 
requests public comment on a petition for rulemaking dated July 26, 
1999, filed by Michael Stein (petitioner). The petition has been 
docketed by the Commission and has been assigned Docket No. PRM-2-12. 
The petitioner believes that the NRC regulations pertaining to 
deliberate misconduct and employee protection do not contain certain 
needed safeguards. The petitioner is requesting that the NRC 
regulations pertaining to employee protection and deliberate misconduct 
be amended to ensure that all individuals are afforded the right to 
respond to an NRC determination that the individual has violated these 
regulations.

DATES: Submit comments by January 18, 2000. Comments received after 
this date will be considered if it is practical to do so, but assurance 
of consideration cannot be given except as to comments received on or 
before this date.

ADDRESSES: Submit comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555. Attention: Rulemakings and 
Adjudications staff.
    Deliver comments to 11555 Rockville Pike, Rockville, Maryland, 
between 7:30 am and 4:15 pm on Federal workdays.
    For a copy of the petition, write: David L. Meyer, Chief, Rules and 
Directives Branch, Division of Administrative Services, Office of 
Administration, U.S. Nuclear Regulatory Commission, Washington, DC 
20555.
    You may also provide comments via the NRC's interactive rulemaking 
website (http://www.ruleforum.llnl.gov). This site provides the 
capability to upload comments as files (any format), if your web 
browser supports that function. For

[[Page 59670]]

information about the interactive rulemaking website, contact Ms. Carol 
Gallagher, (301) 415-5905 (e-mail: [email protected]).

FOR FURTHER INFORMATION CONTACT: David L. Meyer, Office of 
Administration, U.S. Nuclear Regulatory Commission, Washington, DC 
20555. Telephone: 301-415-7162 or Toll Free: 1-800-368-5642 or E-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    On July 28, 1999, the Nuclear Regulatory Commission (NRC) received 
a petition for rulemaking submitted by Michael Stein (petitioner). 
Although Mr. Stein is an employee of the NRC, he submitted the petition 
as an individual member of the public. The NRC recently initiated an 
enforcement action involving a notice of violation against an 
individual without conducting a prior pre-decisional enforcement 
conference. As a result, the petitioner states that the NRC regulations 
pertaining to deliberate misconduct and employee protection do not 
contain certain important safeguards. The petitioner requests that the 
NRC regulations governing deliberate misconduct and employee protection 
be amended to ensure that all individuals are afforded the right to 
respond to an NRC determination that the individual has violated these 
regulations before the NRC issues the action.
    The NRC has determined that the petition meets the threshold 
sufficiency requirements for a petition for rulemaking under 10 CFR 
2.802. The petition has been docketed as PRM-2-12. The NRC is 
soliciting public comment on the petition for rulemaking.

Discussion of the Petition

    The petitioner requests that the title of the NRC regulations 
codified at 10 CFR Part 2, Subpart B be amended to be the ``Procedure 
for Imposing Requirements by Order, or for Modification, Suspension, or 
Revocation of a License, or for Issuance of a Notice of Violation to an 
Individual, or for Imposing Civil Penalties.'' The petitioner also 
suggests amending 10 CFR 2.201 entitled, ``Notice of Violation,'' by 
adding a new paragraph (b). In a meeting between the petitioner and the 
NRC staff on October 14, 1999, the language of suggested paragraph was 
modified by changing the word ``order'' to ``Notice of Violation'' each 
time it appears in the second sentence of paragraph (b)(2) and to 
include Part 76 in the list of 10 CFR parts presented in the 
introductory text of paragraph. The NRC notes that a paragraph (b) 
currently appears in the codified text of Sec. 2.201. Therefore, the 
NRC is presenting the paragraph suggested by the petitioner as a new 
paragraph (c). The new paragraph suggested by the petitioner would read 
as follows:

    Sec. 2.201 Notice of violation.
* * * *
    (c) In response to an alleged violation of the employee 
protection or deliberate misconduct regulations contained in 10 CFR 
Parts 19, 30, 40, 50, 60, 61, 70, 72, and 76 the Commission may 
serve on the individual a Notice of Violation as described in 10 CFR 
2.201(a). This Notice of Violation to the individual shall state 
that:
    (1) The answer to the Notice of Violation shall state any facts, 
explanations, and arguments denying the charges of violation;
    (2) If the individual charged with the violation files an answer 
denying the violation, the Executive Director for Operations, or the 
Executive Director's designee, upon consideration of the answer, 
will issue an Order imposing, mitigating, or withdrawing the Notice 
of Violation to the individual. The individual charged with a 
violation of the employee protection or deliberate misconduct 
regulations may, within twenty (20) days of the date of the Notice 
of Violation or other time specified in the Notice of Violation, 
request a hearing;
    (3) If the individual charged with an employee protection or 
deliberate misconduct violation requests a hearing, the Commission 
will issue an order designating the time and place of the hearing;
    (4) If a hearing is held, an order will be issued after the 
hearing by the presiding officer or the Commission dismissing the 
proceeding, or imposing, mitigating or withdrawing the Notice of 
Violation. This shall be considered the final NRC action with regard 
to the Notice of Violation at issue in the proceeding.

    The petitioner suggests that the current NRC regulations pertaining 
to employee protection be amended. Although the petitioner did not 
specifically identify the employee protection regulations to be 
amended, the NRC believes that these regulations are 10 CFR 30.7, 40.7, 
50.7, 60.9, 61.9, 70.7, 72.10, and 76.7. The Commission specifically 
requests comments on whether this is a complete list of employee 
protection regulations that should be amended under the petition. The 
petitioner's suggested language reads as follows:

    An individual charged with a violation of the employee 
protection regulations in Part X, has the right to a hearing 
pursuant to 10 CFR 2.201(b). In addition, prior to the issuance of a 
Notice of Violation pursuant to 10 CFR Part 2.201 or an Order 
pursuant to 10 CFR 2.202, the individual charged with such a 
violation shall have the right to inform the agency either by 
written correspondence or by a predecisional enforcement conference, 
regarding their involvement in the alleged violation of this 
section.

    The petitioner also proposes that the current NRC regulations 
pertaining to deliberate misconduct be amended. Although the petitioner 
did not specifically identify the deliberate misconduct regulations to 
be amended, the NRC believes that these regulations are 10 CFR 30.10, 
40.10, 50.5, 52.9, 60.11, 61.9b, 70.10, 71.11, 72.12, 76.10, and 
110.7b. The Commission specifically requests comments on whether this 
is a complete list of deliberate misconduct regulations that should be 
amended under the petition. The petitioner's suggested language reads 
as follows:

    An individual charged with a violation of the deliberate 
misconduct regulations in Part X, has the right to a hearing 
pursuant to 10 CFR 2.201(b). In addition, prior to the issuance of a 
Notice of Violation pursuant to 10 CFR 2.201 or an Order pursuant to 
10 CFR 2.202, the individual charged with such a violation shall 
have the right to inform the agency either by written correspondence 
or by a predecisional enforcement conference, regarding their 
involvement in the alleged violation of this section.

    The petitioner contends that his proposed amendment would ensure 
that all individuals have the opportunity to address an NRC 
determination that the individual has violated either the deliberate 
misconduct or employee protection regulations before the NRC issues the 
action.

The Petitioner's Conclusions

    The petitioner concludes that the NRC regulations governing 
deliberate misconduct and employee protection are missing certain 
safeguards he believes are important. The petitioner requests that the 
NRC regulations pertaining to deliberate misconduct and employee 
protection be amended as discussed above to ensure that each individual 
has an opportunity to address an NRC determination that he or she has 
violated these regulations.

    Dated at Rockville, Maryland, this 28th day of October, 1999.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 99-28757 Filed 11-2-99; 8:45 am]
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